In Provo, Utah, the legal team representing Tyler Robinson, who stands accused of murdering Charlie Kirk, made a formal request to the court on Friday. They urged the judge to prevent the prosecution from pursuing the death penalty, citing concerns over the prosecutors’ public remarks regarding a bullet fragment found in Kirk’s body.
The controversy arose after prosecutors addressed media speculation suggesting that the bullet fragment might clear Robinson of involvement. This speculation has fueled a slew of unverified conspiracy theories, ranging from the possibility of a second shooter to claims that the incident could have been staged. Charlie Kirk was killed during a speech at Utah Valley University, a tragedy that has since captured significant public interest.
Robinson, a 23-year-old from southwestern Utah, faces charges of aggravated murder for the September 10th shooting of Kirk, a well-known conservative speaker who was fatally shot in the neck during his appearance on the Orem campus. At this point, Robinson has yet to submit a plea in the case.
Attorneys defending Robinson have accused the prosecutors of conducting a “media tour” that involves discussing expert analyses of the bullet fragment. They argue this violates judicial orders limiting public commentary about the case. The defense team is particularly concerned about how media portrayals could mischaracterize their client amidst the intense scrutiny the case has generated.
In response, the prosecution maintains that their communications with the media were necessary to address misconceptions stemming from initial ballistic reports. These reports revealed that the bullet fragment did not match the weapon believed to have been used in Kirk’s murder, a crucial detail that has been pivotal in shaping public perception of the case.
In court filings, Robinson’s attorneys made public the failure to conclusively link the bullet fragment with the rifle and said it appeared to be “exculpatory evidence,” without noting that the finding was preliminary and that further testing was planned. That spurred stories by some by outlets raising questions about the prosecution’s case: A March 30 headline in the U.K.-based Daily Mail reported that the bullet that killed Kirk “did NOT match” the rifle that investigators say was used to kill Kirk.
Authorities have said DNA consistent with Robinson’s was found on the trigger of the rifle, the fired cartridge casing, two unfired cartridges and a towel used to wrap the rifle.
“The rules expressly allow lawyers to set the record straight,” Deputy Utah County Attorney Christopher Ballard wrote in a court filing.
Ballard argued Friday that he didn’t speak to the media about case specifics and only spoke generally about how ballistics testing can be inconclusive. He said his goal “was to respond to the substantial undue prejudicial effect of the media stories.”
Defense attorney Richard Novak disagreed, saying Ballard did not speak to the media using general terms and tried to “influence public perception” of the case.
“What was going on here was an attempt to influence the jury pool,” Novak argued.
State District Judge Tony Graf has said he will issue his decision about the contempt allegation at a later date.
Earlier Friday, Graf declined a defense request to halt the proceedings while they appeal a June 1 order in which the judge declined to bar cameras from the courtroom.
The ruling comes ahead of a key hearing scheduled to begin July 6, when prosecutors must show they have enough evidence to warrant a trial. That would mark the most significant presentation of evidence to date in the case, which has so far focused on matters of media access.
Before Friday’s hearing, the defense team pointed to another criminal case in which prosecutors were accused of contempt and suggested that one potential remedy would be to bar the state from seeking the death penalty.
While the judge in that earlier case disagreed that an order barring the death penalty was merited, Robinson’s attorneys noted that “the court did not conclude that such a remedy was beyond its authority where the facts support it.”
___
Brown reported from Billings, Montana.
Copyright © 2026 by The Associated Press. All Rights Reserved.